Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 91B

Returning the seized goods

91B Returning the seized goods

(1) The commissioner must return the seized goods to their owner at the end of—
(a) 9 months; or
(b) if a prosecution for an offence, or a relevant pecuniary penalty proceeding, involving the seized goods is started within the 9 months—the prosecution for the offence, or the relevant pecuniary penalty proceeding, and any appeal from the prosecution or relevant pecuniary penalty proceeding.
(2) Despite subsection (1) , the commissioner must return the seized goods to their owner immediately if the commissioner is not satisfied or stops being satisfied the retention of the goods as evidence is necessary.
(3) In this section—

"relevant pecuniary penalty proceeding" means a proceeding under the Australian Consumer Law (Queensland), chapter 5 , part 5 -2, division 1 in relation to an act or omission to which section 224 of that law applies.



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